Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-tn8tq Total loading time: 0 Render date: 2024-07-08T00:25:42.330Z Has data issue: false hasContentIssue false

5 - Justice and jurisdiction

Published online by Cambridge University Press:  05 July 2015

J. C. Holt
Affiliation:
University of Cambridge
George Garnett
Affiliation:
University of Oxford
John Hudson
Affiliation:
University of St Andrews, Scotland
Get access

Summary

These matters must now be set in a jurisdictional framework; for men wove their political theories from words first spun in legal contexts. It has long been recognized that the cry for justice in 1215 exhibited some very peculiar, apparently contradictory features. On the one hand the Charter demanded that royal justice should be more accessible and better administered. On the other, it forbade unlawful arrests and disseisin, the sale or delay of justice, and it promised restitution for unjust fines and amercements. Apparently men wanted more, but were not altogether pleased with what they had. This contrast is striking and is to be explained by another. The common law of the Angevins gave the undertenant the opportunities and protection of varied routine procedures. But it left the tenant-in-chief still exposed to the vagaries of the king's will. This is the clue to the judicial provisions of the Charter. By and large it approved of what the undertenant had enjoyed and condemned what the tenant-in-chief had suffered. Hence it sought to give the magnate a legal security like that enjoyed by the freeman. During the minority of Henry III this was largely achieved. The protection of the law moved up, not down, the social scale.

Within a surprisingly short space of time the procedures which took shape under Henry II and his sons became manifestly popular. It was not simply that, within a single life-span, they had come to provide generally accepted and readily accessible procedures. They also attracted a wider and wider social spread of litigants. Glanvill's sample writ of mort d'ancestor concerned, not a hide of land, but a mere virgate; it initiated what became the commonest of all possessory actions. The first Foot of Fine was filed in the Treasury on the order of the Justiciar, Hubert Walter, and to the benefit of his brother Theobald, on 16 July 1195.

Type
Chapter
Information
Magna Carta , pp. 124 - 173
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×